Hunt v. Edgerton

Citations

• 19 Ohio C.C. Dec. 377

Syllabus

<p>APPEALS — CHARITABLE TRUSTS.</p> <p>Donahue, McCarty, and Taggart, JJ.</p> <p>1. Right of Trustee to Appeal in Interest of Cestui que Trust.</p> <p>In an action brought by a trustee of a charitable trust under Rev. Stat. 6202 (Lan. 9743), to construe the trust, where the common pleas court, on hearing the same, holds that there is no trust, it is the right of the trustee to appeal to the circuit court in the interest of the cestui que trust.</p> <p>[For other cases in point, see 7 Cyc. Dig.,- “Trusts and Trustees,” §§ 439-443. —Ed.]</p> <p>2. Certainty of Beneficiaries of Charitable Trusts.</p> <p>The individual beneficiaries of a' charitable trust must necessarily be vague and uncertain, and it is sufficient if a class is designated from whom the trustee can select. j</p> <p>[For other cases in point, see 2 Cyc. Dig., “Charities,” §§ 18-26, 61-66. — Ed.]</p> <p>3. Power of Trustee to Select Beneficiaries of Charity Fund.</p> <p>A trustee clothed with the power of administering a trust fund for such public charity has, without special delegation thereof, incidental authority to select from the classes named the individual beneficiaries thereof.</p> <p>[For other cases in point, see 2 Cyc. Dig., “Charities,” §§ 61-83. — Ed.]</p> <p>4. Sufficiency of Bequest Creating Charitable Trust.</p> <p>Testator providing in his will a fund “to be applied by my trustee to the education of colored children, by which I mean in whole or in part of negro blood, and in case an opportunity or opportunities should hereafter occur to Unite the fund hereby bequeathed for similar purposes, it is my will that my trustee for the time being have power to unite the fund hereby bequeathed with such other fund or funds upon such terms and conditions as may to him seem best fitted to carry out the objects and purpose of this devise; and, should the fund hereby devised by the addition of other funds or otherwise ever become sufficiently large for that purpose, it is my preference that a manual